Joon S. Moon, et al. v. SCP Pool Corporation, et al., 232 F.R.D. 633

Summary

The litigation between the parties related to an agreement that defendants had with plaintiffs for the purchase of pool covers imported from Asia and the purchase of liquid pool products for a three-year period. Plaintiffs alleged that while they had the exclusive agreements with defendants, defendants breached the agreements by purchasing products from other sources. Plaintiffs sought information from the non-party witness, one of defendants' other vendors, and requested seven categories of information from the non-party witness, including agreements, evidence of sales, and communications for a 10-year period. The court initially acknowledged that as a general rule when the non-party witness did not object to the subpoena the objections were considered to be waived. However, the court found unusual circumstances and good cause for quashing the subpoena in this matter. The subpoena was overbroad and unduly burdensome to the non-party witness and the value of the information that would ...